Can a re-entry ban be removed?
No. A re-entry ban cannot be removed. If you apply for a temporary visa and you have a re-entry ban, you may ask to have the re-entry ban put aside for that application only. You must write to the Department and explain why you think it should be put aside. You can submit your written statement to have the re-entry ban put aside at the time you lodge the visa application or after it has been lodged and not yet decided.
Requests will only be considered if you can prove there are compassionate or compelling circumstances that affect the interests of an Australian citizen or permanent resident or an eligible New Zealand citizen. The Department must be satisfied that there is a strong reason to justify granting a visa before the end of the re-entry ban. If not, your visa application will be refused.
If the re-entry ban is put aside for that visa application, you will still need to meet all the other criteria for the visa, including health and character requirements, for a visa to be granted.
How do I avoid a re-entry ban?
If you comply with the conditions of your visa and maintain a valid visa while in Australia, you are not at risk of a re-entry ban. It is your responsibility to know what your visa allows you to do while in Australia and your visa’s expiry date.
What if I depart Australia with a bridging visa?
If you have continuously maintained a valid visa while in Australia, a re-entry ban will not apply.
If you hold or have held a Bridging visa C, D or E that was granted more than 28 days after your substantive visa expired (such as a student or tourist visa), a three-year re-entry ban may apply.
Other exclusion periods and bans
The three year re-entry ban is only one of several exclusion periods. The main ones are:
| Situation |
Exclusion period |
| Overstayed by more than 28 days, or left Australia on a Bridging visa C, D or E granted more than 28 days after your visa expired (PIC 4014) |
3 years for most temporary visas |
| Visa cancelled on certain grounds, such as breach of conditions or giving incorrect information (PIC 4013) |
3 years for most temporary visas |
| Visa refused because of a bogus document or false or misleading information (PIC 4020) |
3 years |
| Visa refused because you did not satisfy the Department of your identity (PIC 4020) |
10 years |
| Visa refused or cancelled on character grounds under section 501, or deported |
Generally permanent |
| Removed from Australia with an unpaid debt to the Commonwealth, for example detention or removal costs |
Until the debt is repaid or an arrangement is made |
Waivers are available for some of these exclusion periods if there are compelling or compassionate circumstances, but not for others (for example the 10 year identity exclusion). Your immigration history can also be considered when deciding later visa applications, including the Genuine Student and genuine visitor requirements.
If you are in Australia without a valid visa
If your visa has expired, act quickly. In many cases you can apply for a Bridging visa E to make arrangements to leave or to apply for another visa, which may help you avoid an overstay of more than 28 days. Your options may also be limited by the section 48 bar and Schedule 3 criteria.
How can I find out if a re-entry ban applies?
Book a consultation to discuss your matter.
